Back
S. V. GANGAPURWALA, SANDEEP V. MARNE
National Highways Authority Of India – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
SANDEEP V.MARNE,J. - Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the admission stage.
2. Petitioner - National Highways Authority of India has filed this Petition seeking leave of this Court to execute the project of development of Vadodara Mumbai Expressway (Phase-II Main Alignment) from Km 26+320 to km 104+700 (km 390.864 of NH-8) of Main Expressway (Length 78.118 km). Leave is sought as some portion of the project comes within Coastal Regulation Zone - IA area. The project would affect 2686 number of mangrove trees within proposed Right of Way, out of which 1,001 mangrove trees are located within the construction zone, which are required to be felled. Leave is sought in view of directions of this Court in paragraph 85 of the judgment and order dtd. 17/9/2018 passed by this Court in Public Interest Litigation No. 87 of 2006 in (Bombay Environmental Action Group and Another Vs. State of Maharashtra and others), reported in 2018 DGLS(Bom.) 1479.
3. Petitioner - National Highways Authority of India (NHAI) is constituted under Sec. 3 of The National Highways Authority of India Act, 1988 and has been entrusted wi
The construction of public utility jetties in CRZ-I areas is permissible without mangrove destruction, aligning with sustainable development principles.
The court ruled that challenges to environmental clearances necessitate factual inquiry beyond Article 226, allowing petitioners to seek remedies under the National Green Tribunal Act.
Expert environmental clearances final if not perverse; high court buffer permissions bind; satellite imagery needs causation proof for liability; restoration/CSR preferred over closure for compliant ....
The court affirmed the necessity of balancing coastal development with environmental protection, allowing construction of an Anti-Sea Erosion bund while emphasizing compliance with environmental regu....
The court affirmed that construction in CRZ-II is permissible under the Coastal Regulation Zone Notification, provided it does not harm mangroves and adheres to environmental safeguards.
Construction in ecologically sensitive CRZ I areas is prohibited, reaffirming the precedence of environmental protection laws over local development interests.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
